FY11 1st Qtr Subsistence.pdf

u.s. Department of Justice

Federal Bureau ofPrisons

Federal Correctional Institution

Loretto, Pennsylvania 15940

August 23, 2010 Re: RFQP02081 000019 Quarterly Subsistence

Federal Correctional Institution Loretto

Dear Quoter:

Accompanying this letter is a solicitation package prepared by the Federal Correctional Institution Loretto, Pennsylvania. This package contains all the necessary information for submitting a quote for evaluation.

When submitting quotes, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of quotes.

All potential quoters are advised that this solicitation includes clause FAR 52.212-4 for Commercial Items, Central Contractor Registration (CCR). This clause requires all contractors doing business with the Federal Government after September 30,2003, to be registered in the CCR database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the CCR database prior to award.

Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for the award. Sealed quotes must be received on or before the deadline of September 17,2010, at 4:00pm.

Quotes shall be submitted to the following address:

Edward Krug, Contract Specialist Federal Correctional Institution Loretto PO Box 1000 Loretto, PA 15940

Mailed and hand-carried quotes must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for the receipt of quotes. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1 (f). Faxed quotes will not be considered.

Please place any questions you may have in writing and fax them to my attention at 814-471-1507. All questions received will be considered and responses will be provided when appropriate.

Sincerely, /t/ C~

EdwardKrug Contract Specialist Federal Correctional Institution Loretto

RFQP02081000019 Page 1 of 21

SOLICITA IORDER FOR COMMERCIAL

OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30

NUMBER

DATE

2. CONTRACT NO.

DATE

RFQP02081 0000 19 08/23/2010

b. TELEPHONE NUMBER (No colleel call.) 8. OFFER DUE DATE I LOCAL a. NAME

TIME7. FOR SOLICITATION

INFORMATION CALL: Edward Krug 814-472-4140 09/17/201017:00:00

1. REQUISITION NUMBER

I

9. I BY CODE

Federal Bureau of Prisons

Fcr Loretto

772 Saint Joseph Street

LORETTO, PA 15940

TERMS

UNLESS BLOCK IS MARKED

I'XJ SEE

L.::J SCHEDULE

NET 30

15.

Federal Bureau of Prisons

Fcr Loretto

772 Saint Joseph Street

LORETTO, PA 15940

178. CONTRACTOR! CODE

OFFEROR

10. THE ACQUISITION IS

DUNRESTRICTED OR

NAICS:445 I 10

SIZE STANDARD: E02

100% FOR

DEMERGING SMALL BUSINESS

13•. THIS CONTRACT IS A

ORATED ORDER UNDER DPAS

4. METHOD OF SOLICITATION

~RFQ DIFB DRFP

(15 CFR 700)

CODE

CODE

Federal Bureau of Prisons

FCr Loretto

772 Saint Joseph Street

LORETTO, PA 15940

IN BLOCK 18a UNLESS BLOCK BELOW IS

Please see attached National Menu Specifications Quote

Sheet for all line items.

See Continuation Sheet(s)

ReverJe (11ftUar Attach Additjof1(1! Sheers (IS Neces!Jary)

25. ACCOUNTING AND APPROPRIATION DATA

27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATIACHED. ADDENDA NOTATIACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATIACHED. ADDENDA E NOT ATIACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO C;-;:;DD"'I""TI"'O"'NS"OR ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO rrEMS:

26. TOTAL AWARD AMOUNT (For Gov!. Use Only)

OFFER DATED

YOUR OFFER ON SOLICITATION ("'B::-:LO""C"'K'5",)7.INCLUDINGANYA

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

30a. SIGNATURE OF OFFEROR!CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNA TURE OF CONTRACTING OFFICER)

30b. PRINT) 30e. DATE SIGNED 31 b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31e.

Edward Krug

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.21.2

RFQP02081 000019 Page 2 of21

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________

32b.sIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d.PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

DCOMPLETE DPARTIAL DFINAL

37. CHECK NUMBER

fARTIAL I FINAL

38. SIR ACCOUNT NUMBER 9. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 428. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'P (YY/MMlDD) I42d. TOTAL CONTAINERS

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

STANDARD FORM 1449 (REV. 3/2005) BACK

RFQP02081 000019 Page 3 of 21

Table of Contents

Section Description Page Number

I Solicitation/Contract Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I

2 Commodity or Services Schedule

3 Contract Clauses

52.212-3 Offeror Representations and Certifications--Commercialltems (Feb 2009)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders--Commercial Items (May 2009)

52.212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive

Orders--Commercial Items (May 2009) - Alternate I (Feb 2000)

4 List of Attachments.................................................................. , 12

5 Solicitation Provisions

52.232-31 Invitation to Propose Financing Terms (Oct 1995)

52.2 I 2-2 Evaluation - Commercial Items (Jan 1999)

RFQP02081 000019 Page 4 of 21

Section 2 • Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Please see attached National Menu Specifications Quote Sheet for all line items.

0.000000 EA $ $

RFQP02081 000019 Page 5 of 21

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Mar 2009)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Terms and Conditions-Commercial Items (Mar 2009)

[END OF ADDENDUM TO FAR 52.212-4]

52.2 I2-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.c. 7104(g»).

_ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g»).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions ofcommercial items:

[Contracting Officer check as appropriate.}

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.s.c. 253g and 10 U.S.C. 2402).

RFQP02081 000019 Page 6 of 21

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 US.c. 251 note».

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the Amcrican Recovery and Reinvestment Act of 2009.)

_ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5).

_ (5) 52.219-3, Notice of Total HUB Zone Set-Aside (Jan 1999) (15 U.S.c. 657a).

_ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (IS U.S.c. 657a).

(7) [Reserved]

X (8)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-6.

_ (iii) Alternate II (Mar 2004) of 52.219-6.

(9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.c. 644).

_ (ii) Alternate I (Oct 1995) of52.219-7.

_ (iii) Alternate II (Mar 2004) of52.219-7.

X (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3».

_ (11)0) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 US.C. 637(d)(4).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of52.219-9.

(12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.c. 637(a)(14».

_ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.s.c. 637(d)(4)(F)(i».

_ (l4)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 US.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

_ (15) 52.219-25, Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (Apr 2008) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

_ (16) 52.219-26, Small Disadvantaged Business Participation Program -- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.c. 657 f).

X (18) 52.219-28, Post Award Smal\ Business Program Rerepresentation (Apr 2009) (15 U.s.C. 632(a)(2».

X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (20) 52.222-19, Child Labor -- Cooperation with Authorities and Remedies (Feb 2008)(E.O. 13126).

X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 US.c. 4212).

X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.c. 793).

X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans ofthe Vietnam Era, and Other Eligible Veterans

(Sept 2006) (38 U.S.c. 4212).

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.c.

6962( c )(3)(A)(ii». (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C». (Not applicable to the acquisition of commercially available off the-shelf items.)

_ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.c. 8259b).

_ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

_ (ii) Alternate I (Dec 2007) of52.223-16.

X (31) 52.225-1, Buy American Act -- Supplies (Feb 2009) (41 U.S.c. lOa-lOd).

RFQP02081 000019 Page 7 of21

(32)(i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (Feb 2009) (41 U.S.c. 10a-lOd, 19 U.S.C. 3301 note, 19U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169).

(ii) Alternate I (Jan 2004) of 52.225-3.

_ (iii) Alternate II (Jan 2004) of 52.225-3.

_ (33) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of fice of Foreign Assets Control of the Department ofthe Treasury).

(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.c. 5150).

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(£),10 U.S.C. 2307(f).

(38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.c. 255(£), 10 U.S.C. 2307(f).

X (39) 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(40) 52.232-34, Payment by Electronic Funds Transfer -- Other than Central Contractor Registration (May 1999) (31 U.S.c. 3332).

(41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

_ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.c. 552a).

_ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241 (b) and 10 U.S.C.2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items:

{Contracting Officer check as appropriate.}

_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_ (2) 52.222-42, Statement of EquivaJent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov

2006) (29 U.S.c. 206 and 41 U.S.c. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.c.

351, et seq.).

_ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.c. 351, et seq.).

X (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (Feb 2009)(41 U.S.C. 35J,etseq.).

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(I».

(d) Comptroller General Examination ofRecord. The Contractor shall comply with the provisions of this paragraph (d) if this con tract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(I) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shaH be made available until such appeals, litigation, or claims are finally resolved.

RFQP02081000019 Page 8 of 21

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course ofbusiness or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph(e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter I (41 U.S.C. 251 note».

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3», in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.2 I 9-8 in lower tier subcontracts that offer subcontracting oppor tunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Aetion for Workers with Disabilities (June 1998) (29 U .S.c. 793).

(vii) 52.222-39, Notifieation of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 US.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g».

_ Alternate I (AUG 2007) of 52.222-50 (22 U .S.C. 71 04(g».

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer tain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 US.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commereial Vessels (Feb 2006) (46 U.S.C.Appx. 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

RFQP02081 000019 Page 9 of 21

52.212-5 Alt I Contract Tenns and Conditions Reguired to Implement Statutes or Executive Orders--Commercial Items (May 2 09) - Alternate I (Feb 2000)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.c. 71 04(g».

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.c. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and U.S.C. 2402).

_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter I (41 U.S.C. 251 note».

_(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_(4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5).

(5) 52.219-3, Notice ofTotal HUBZone Set-Aside (Jan 1999) (15 U.S.c. 657a).

(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (ifthe offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.c. 657a).

(7) [Reserved]

(8){i)52.219-6, Notice ofTotal Small Business Set-Aside (June 2003) (15 U.S.c. 644).

(ii) Alternate I (Oct 1995) of52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

_ (9)(i)52.219-7, Notice ofPartial Small Business Set-Aside (June 2003) (15 U.S.c. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.c. 637(d)(2) and (3».

_ (ll)(i)52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of52.219-9.

(12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14».

_ (13) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S,C. 637(d)(4)(F)(i».

_ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.c.

2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

(ii) Alternate I (June 2003) of52.219-23.

_ (15) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (Apr 2008) (Pub. L.

103-355, section 7102, and 10 U.S.c. 2323).

_(16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub, L. 103-355, sec tion 7102, and 10 U.S.c. 2323).

_ (17) 52.219-27, Notice ofTotal Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.c. 657 f).

_(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2».

(19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(20) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

(21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.c. 4212).

(24) 52.222-36, Affinnative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

RFQP02081000019 Page 10 of 21

(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (S~ept 2006) (38 U.S.c. 4212).

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (KO. 13201).

(27)52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (28)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA - Designatedltems (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.c. 6962(i)(2)(C». (Not applicable to the acquisition of commercially available off the-shelf items.)

_(29) 52.223-15, Energy Efficiency in Energy- Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_(30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

_(ii) Alternate I (Dec 2007) of 52.223-16.

_ (31) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-lOd).

(32)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (Feb 2009) (41 U.S.c. lOa-lOd, 19 U.S.C. 3301 note, 19 U.S.c. 2112 note, Pub. L 108-77,108-78,108-286,109-53 and 109-169).).

_ (ii) Alternate I (Jan 2004) of 52.225-3.

(iii) Alternate II (Jan 2004) of 52.225-3.

(33) 52.225-5, Trade Agreements (March 2009) (19 U.S.C. 2501, et seq., 19 U.S.c. 3301 note).

_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of fice ofForeign Assets Control ofthe Department of the Treasury).

(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.c. 5150).

_ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.c. 2307(f).

_ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.c. 255(f), 10 U.S.C. 2307(f).

(39) 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(40) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (May 1999) (31 U.S.c. 3332).

_ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

_ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.c. 552a).

_ (43)(1)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.c. Appx. 1241(b) and 10 U.S.c. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.c. 206 and 41 U.S.C. 351, et seq.).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (Nov

2006) (29 U.S.c. 206 and 41 U.S.C. 351, et seq.).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.c.

351, et seq.).

_(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (Nov 2007)(41 U .S.c. 351, et seq.).

_(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.c. 351, et seq.).

_(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_ (8) 52.237-11, Accepting and Dispensing of$1 Coin (Sep 2008) (31 U.S.C. 5112(p)(I».

(d)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (d)(I) in a subcontract for commercial items. Unless otherwise indic ated below, the extent of the flow down shall be as required by the clause-

RFQP02081 000019 Page 11 of21

(i) 52.203·13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110·252, Title VI, Chapter 1 (41 U.S.c. 251 note».

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3», in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor tunitics.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept

2006) (38 U.S.c. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.c. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Nov 2007) (22 U.S.c. 7104(g». Flow down required in accordancc with paragraph

(f) of FAR clause 52.222-50.

_Alternate I (AUG 2007) of52.222-50 (22 U.S.C.7104(g».

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer tain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services

Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

RFQP02081 0000 19 Page 12 of 21

Section 4 - List of Attachments

Exhibits and Attachments

This Section Is Intentionally Left Blank

RFQP02081 000019 Page 13 of 21

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors-Commercial Items (June 2008)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

,smu"""",; to Offerors--Commercialltems (June 2008)

52.232-31 Invitation to Propose Financing Terms (Oct 1995)

(a) The offeror is invited to propose terms under which the Government shall make contract financing payments during contract per formance. The financing terms proposed by the offeror shall be a factor in the evaluation of the offeror's proposal. The financing terms of the successful offeror and the clause, Terms for Financing of Purchases of Commercial Items, at 52.232-29, shall be incorporated in any resulting contract.

(b) The offeror agrees that in the event of any conflict between the terms proposed by the offeror and the terms in the clause at 52.232-29, Terms for Financing ofPurchases of Commercial Items, the terms of the clause at 52.232-29 shall govern.

(c) Because of statutory limitations (10 U.S.C. 2307{f) and 41 U.S.C. 255(f)), the offeror's proposed financing shall not be acceptable if it does not conform to the following limitations:

(1) Delivery payments shall be made only for supplies delivered and accepted, or services rendered and accepted in accordance with the payment terms of this contract;

(2) Contract financing payments shall not exceed 15 percent of the contract price in advance of any performance of work under the contract;

(3) The terms and conditions ofthe contract financing must be appropriate or customary in the commercial marketplace; and

(4) The terms and conditions of the contract financing must be in the best interests ofthe United States.

(d) The offeror's proposal of financing terms shall include the following:

(1) The proposed contractual language describing the contract financing (see FAR 32.202-2 for appropriate definitions of types of payments); and

(2) A listing of the earliest date and greatest amount at which each contract financing payment may be payable and the amount of each delivery payment. Any resulting contract shall provide that no contract financing payment shall be made at any earlier date or in a greater amount than shown in the offeror's listing.

(e) The offeror's proposed prices and financing terms shall be evaluated to determine the cost to the United States ofthe proposal us ing the interest rate and delivery schedule specified elsewhere in this solicitation.

(End ofprovision)

RFQP02081 000019 Page 14 of 21

[END OF ADDENDUM TO FAR 52.212-1]

52.212-2 Evaluation - Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the soli citation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to eval uate offers:

Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 15.304, the relative import ance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for ac ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified ex piration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications--Commercial Items (Feb 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifica tions electronically at http://orca.bpn.gov.Ifan offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision-

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAiCS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided by the Government.If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conduct ing the business can demonstrate-

(I) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

http:Government.If http://orca.bpn.gov.Ifan

RFQP02081 000019 Page 15 of 21

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

(i) Not less than 51 percent ofwhich is owned by one or more service-disabled veterans or, in the case of any publicly owned busi ness, not lcss than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a serviee-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concem" means a eoncern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern-

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b )(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the repres entations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code refereneed for this solicitation), as of the date of this offer and are incorpor ated in this offer by reference (See FAR 4.1201), except for paragraphs _________.

[Offeror to identify the applicable paragraphs at (c) through (m) ofthis provision that the offeror has completedfor the purposes of this solicitation only, ifany.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as ofthe date of this offer.

Any changes prOVided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed inside the United States, its territories or possessions, Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itselfas a small business concern in paragraph (c)(J) ofthis provision.] The offeror represents as part of its offer that it _ is, _ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only ifthe offeror represented itselfas a veteran-owned small business concern in paragraph (c)(2) ofthis provision.] The offeror represents as part of its offer that it is, is not a service- dis abled veteran-owned small business concern.

http:http://orca.bpn.gov

RFQP02081000019 Page 16of21

(4) Small disadvantaged business concern. [Complete only if the offeror represented itselfas a small business concern in paragraph (c)(I) ofth is provision.] The offeror represents, for general statistical purposes, that it _ is, is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) ofthis provision.] The offeror represents that it _ is, is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(I) ofthis provision.} The offeror represents that it is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor sur plus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories un der the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small business in one ofthe designated industry groups(DIGs).] The offeror represents as part of its offer that it is, _ is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as beingfor one ofthe targeted industry categories (TICs) or desig nated industry groups (DIGs).} Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (cheek the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one ofthe following):

Number of Employees Average Annual Gross Revenues

50 or fewer_ $1 million or less

51 - 100 $1,000,001 - $2 million

_ 101 - 250 _ $2,000,001 - $3.5 million

251 - 500 $3,500,001 - $5 million

501 -750 _ $5,000,001 $10 million

_751-1,000_$1O,000,001-$17million

_ Over 1,000_ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23. Notice ofPrice Evaluation Adjustment for Small Disad vantaged Business Concerns or FAR 52.219-25. Small Disadvantaged Business Participation Program-Disadvantaged Status and Re porting. and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either-

(A) It _ is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Ad ministration (pRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It _ has, _has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1 002(t) and that the representation in para graph (c )(7)(i) ofthis provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name ofthe small disadvantaged business concern that is participating in the joint venture:

(l0) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) ofthis provision.] The offeror represents, as part of its offer, that-

(i) It is, _ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone

RFQP02081 000019 Page 17 of 21

Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, princip al office, or HUB Zone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It _ is, _ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(IO)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture [The offeror shall enter the name or names ofthe HUBZone small business concern or concerns that are participating in the joint ven ture: .] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy ofthe HUB Zone representation.

(d) Representations required to implement provisions ofExecutive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-

(i) It _ has, _ has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicit ation,and (ii) It has, _ has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It has developed and has on file, _ has not developed and does not have on file, at each establishment, affirmative action pro grams required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 u.s.c. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure ofLobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act -Supplies, is included in this solicitation.)

(I) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufac tured outside the United…